NOTE TO LAWYERS & ETHICS SECTION 4 EXAM PROCTORS: STUDENTS MAY BRING IN THIS PAPER TO THE FINAL EXAM Lawyers & Ethics 2013 Common Law The purpose of

Size: px
Start display at page:

Download "NOTE TO LAWYERS & ETHICS SECTION 4 EXAM PROCTORS: STUDENTS MAY BRING IN THIS PAPER TO THE FINAL EXAM Lawyers & Ethics 2013 Common Law The purpose of"

Transcription

1 FLETCHER LAWYERS & ETHICS FINAL EXAM Instructions: Answer the questions below in essay form. You may draw upon any and all of the materials assigned in this class. You may draw upon THE COMMON LAW of this class. The question is based on Shirley Jackson s The Lottery. You have 1 hour and 15 minutes. Question: You are an attorney hired by the family of Tessie Hutchinson to bring a suit for wrongful death and a large sum of money damages Estate of Hutchinson v. Summers. Ignore the merits of the wrongful death action for now. You anticipate that there will be two lines of attack on your claims. The first is that the death of Tessie Hutchinson was justified. The second is that you are in violation of the rules of professional responsibility and should be disbarred, effectively ending the suit as no other attorney will take the case. Identify the specific arguments in each line of attack against your suit and address them as best as you can.

2 NOTE TO LAWYERS & ETHICS SECTION 4 EXAM PROCTORS: STUDENTS MAY BRING IN THIS PAPER TO THE FINAL EXAM Lawyers & Ethics 2013 Common Law The purpose of the ethical code is to prevent conduct that would harm the reputation of the legal profession and reinforce the principles and commitments made when one becomes an attorney. The purpose of lawyer discipline proceedings is to protect the public and the administration of justice from lawyers who are unlikely to discharge their professional duties to clients, the public, the legal system, and the legal profession. A judge shall participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe these standards so that the integrity and independence of the judiciary will be preserved. If a client chooses to relinquish any information about the attorney, then the attorneyclient privilege is void and any information disclosed is admissible to the court. The purpose of this rule is to safeguard against corrupt attorneys. If clients were not allowed to testify about their attorney s activities, then attorneys would have no incentive to represent their clients to the fullest. The legal profession would be better served if the rule stated that an attorney-client privilege should not be broken unless the client is acting in good conscience when he or she discloses information. In other words, the client should be acting honestly and have just intentions. Disbarment should be reserved for those individuals who have proven their services are a detriment to the justice system. A lawyer should not engage, or counsel a client to engage, or assist a client, in conduct the lawyer knows is criminal or fraudulent or which misleads the court. Attorneys are required to adhere to a higher professional standard and present themselves as respected officers of the court. A lawyer employed or retained to represent an organization represents the organization as distinct from its directors, officers, employees, members, shareholders, or other constituents. A lawyer shall treat with courtesy and respect all persons involved in the legal process.

3 NOTE TO LAWYERS & ETHICS SECTION 4 EXAM PROCTORS: STUDENTS MAY BRING IN THIS PAPER TO THE FINAL EXAM A lawyer shall not represent a client if the representation of the client may be materially limited by the lawyer s responsibilities to another client or to a third person, or by the lawyer s own interests. A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous. A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicative officer, or public legal officer. A lawyer must make good faith arguments that will advance the cause of justice. A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous. It is unprofessional for a lawyer to violate or attempt to violate the rules of professional conduct, commit a criminal act that reflects adversely on the lawyer s honesty, trustworthiness, or fitness as a lawyer in other respects, engage in conduct including dishonesty, fraud, deceit, or misrepresentation, and state or imply an ability to influence improperly a governmental agency or official or to achieve results by means that violate the rules of professional conduct or other law. Lawyers are to be held at a higher standard than the ordinary reasonable person. They should be held to the standard of a prudent and reasonable attorney cognizant of his or her role in maintaining the administration of justice. A lawyer shall not use means that have no purpose other than to embarrass, delay, or burden a third person. Lawyers engaged in abuse of the legal process, lack of candor to the tribunal, or bad faith shall be subject to monetary sanctions. The following shall be considered in determining money sanctions: prior levied sanctions relating to claim, circumstances prompting sanctions, violators offense history, and egregiousness of offense.

4 1 of 4 10/7/2013 9:27 AM

5 2 of 4 10/7/2013 9:27 AM

6 3 of 4 10/7/2013 9:27 AM

7 4 of 4 10/7/2013 9:27 AM

INTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS A. PURPOSE AND NATURE OF SANCTIONS

INTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS A. PURPOSE AND NATURE OF SANCTIONS INTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS A. PURPOSE AND NATURE OF SANCTIONS 1.1 Purpose of Lawyer Discipline Proceedings The purpose of lawyer

More information

AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS

AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS Definitions Adopted by the Michigan Supreme Court in Grievance Administrator v Lopatin, 462 Mich 235, 238 n 1 (2000) AInjury@ is harm to

More information

LAWYER TO LAWYER MENTORING PROGRAM WORKSHEET Q INTRODUCTION TO REPORTING LAWYER MISCONDUCT OR UNFITNESS

LAWYER TO LAWYER MENTORING PROGRAM WORKSHEET Q INTRODUCTION TO REPORTING LAWYER MISCONDUCT OR UNFITNESS LAWYER TO LAWYER MENTORING PROGRAM WORKSHEET Q INTRODUCTION TO REPORTING LAWYER MISCONDUCT OR UNFITNESS Worksheet Q is intended to facilitate a discussion about a lawyer s obligation to report lawyer misconduct

More information

TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010

TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010 TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010 Glenn R. Funk 117 Union Street Nashville, TN 37201 (615) 255-9595 ETHICS IN DUI DEFENSE

More information

INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N

INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N OATH OF ATTORNEY I do solemnly swear: I will support the Constitution of the

More information

Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different?

Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different? Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different? By Roseann B. Termini, Esq. rbtermini@widener.edu www.fortipublications.com

More information

Question 4. 1. What, if any, ethical violations has Austin committed as an attorney? Discuss.

Question 4. 1. What, if any, ethical violations has Austin committed as an attorney? Discuss. Question 4 Austin had been a practicing physician before he became a lawyer. Although he no longer practices medicine, he serves on a local medical association committee that works to further the rights

More information

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819

More information

Legal Ethics in International Practice. Andrew Melsheimer Thompson & Knight LLP

Legal Ethics in International Practice. Andrew Melsheimer Thompson & Knight LLP Legal Ethics in International Practice Andrew Melsheimer Thompson & Knight LLP Needs natural gas to feed chemical plant Has excess natural gas Photo by Tod Baker, available at flickr.com Let s make a deal!

More information

Special Consideration for Board Attorneys. Federation of State Medical Boards-Board Attorney Workshop November 12, 2015

Special Consideration for Board Attorneys. Federation of State Medical Boards-Board Attorney Workshop November 12, 2015 Special Consideration for Board Attorneys Federation of State Medical Boards-Board Attorney Workshop November 12, 2015 Who is your client? Scenario #1 ABA Model Rules Rule 1.13 Organization As Client (a)

More information

Tuesday 18th November, 2008.

Tuesday 18th November, 2008. Tuesday 18th November, 2008. On March 19, 2008 came the Virginia Board of Bar Examiners, by W. Scott Street, III, its Secretary-Treasurer, and presented to the Court a petition, approved by the Virginia

More information

In the Indiana Supreme Court

In the Indiana Supreme Court NO APPEARANCE FOR THE RESPONDENT ATTORNEYS FOR THE INDIANA SUPREME COURT DISCIPLINARY COMMISSION G. Michael Witte, Executive Secretary John P. Higgins, Staff Attorney Indianapolis, Indiana IN THE MATTER

More information

VNSNY CORPORATE. DRA Policy

VNSNY CORPORATE. DRA Policy VNSNY CORPORATE DRA Policy TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005: POLICY REGARDING THE DETECTION & PREVENTION OF FRAUD, WASTE AND ABUSE AND APPLICABLE FEDERAL AND STATE LAWS APPLIES TO: VNSNY ENTITIES

More information

THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL ETHICS

THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL ETHICS THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL ETHICS Formal Opinion 2015-5: WHETHER AN ATTORNEY MAY THREATEN TO FILE A DISCIPLINARY COMPLAINT AGAINST ANOTHER LAWYER TOPIC:

More information

ETHICS IN JUVENILE CASES THE DEFENSE PERSPECTIVE

ETHICS IN JUVENILE CASES THE DEFENSE PERSPECTIVE ETHICS IN JUVENILE CASES THE DEFENSE PERSPECTIVE 19 th ANNUAL JUVENILE LAW CONFERENCE PROFESSOR ROBERT O. DAWSON JUVENILE LAW INSTITUTE February 22 24, 2006 Westin Park Central Hotel Dallas, Texas BRIAN

More information

Title: False Claims Act & Whistleblower Protection Information and Education

Title: False Claims Act & Whistleblower Protection Information and Education Care Initiatives Policy and Procedure Title: False Claims Act & Whistleblower Protection Information and Education Version Number Implemented By Revision Date Approved By Approval Date Initial Compliance

More information

ETHICS OPINION 112314

ETHICS OPINION 112314 ETHICS OPINION 112314 Facts: Three Scenarios: 1. Attorney represents a client through a bankruptcy. After the bankruptcy is complete, the client returns to the attorney for work on a different matter.

More information

ADMINISTRATIVE POLICY SECTION: CORPORATE COMPLIANCE Revised Date: 2/26/15 TITLE: FALSE CLAIMS ACT & WHISTLEBLOWER PROVISIONS

ADMINISTRATIVE POLICY SECTION: CORPORATE COMPLIANCE Revised Date: 2/26/15 TITLE: FALSE CLAIMS ACT & WHISTLEBLOWER PROVISIONS Corporate Compliance Plan AD-819-0 Reporting of Compliance Concerns & Non-retaliation AD-807-0 Compliance Training Policy CFC ADMINISTRATIVE POLICY AD-819-1 SECTION: CORPORATE COMPLIANCE Revised Date:

More information

SEATTLE INTELLECTUAL PROPERTY AMERICAN INN OF COURT ETHICS MAY 21, 2015

SEATTLE INTELLECTUAL PROPERTY AMERICAN INN OF COURT ETHICS MAY 21, 2015 SEATTLE INTELLECTUAL PROPERTY AMERICAN INN OF COURT ETHICS MAY 21, 2015 INTRODUCTION JONATHAN MCFARLAND 2 IN RE REINES - CASE OVERVIEW CHRISTIE MATTHAEI 3 APPLICABLE RULES THERESA WANG 4 APPLICABLE FEDERAL

More information

Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures

Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures CATHOLIC CHARITIES OF THE ROMAN CATHOLIC DIOCESE OF SYRACUSE, NY and TOOMEY RESIDENTIAL AND COMMUNITY SERVICES Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures Purpose:

More information

SUPREME COURT OF LOUISIANA NO. 00-B-3082 IN RE: LESTER J. NAQUIN, III ATTORNEY DISCIPLINARY PROCEEDINGS

SUPREME COURT OF LOUISIANA NO. 00-B-3082 IN RE: LESTER J. NAQUIN, III ATTORNEY DISCIPLINARY PROCEEDINGS SUPREME COURT OF LOUISIANA NO. 00-B-3082 IN RE: LESTER J. NAQUIN, III ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM This disciplinary matter arises from a petition for consent discipline filed by 1 respondent,

More information

Ethical and Professional Responsibility Issues in Environmental Law. Ted Bosquez Vinson & Elkins L.L.P.

Ethical and Professional Responsibility Issues in Environmental Law. Ted Bosquez Vinson & Elkins L.L.P. Ethical and Professional Responsibility Issues in Environmental Law Ted Bosquez Vinson & Elkins L.L.P. Overview Voluntary Self-Disclosure Mechanisms Ethical Considerations in Self-Disclosure Scenarios

More information

Ethical Rules Applied to Contract and Settlement Negotiations ACC Houston November 13, 2012 Charlie Meacham Samantha Trahan Bass Wallace, Jr. ACC Houston 11/13/12 2 Let s Start with Some Rules Texas Disciplinary

More information

lawyer regulation SANCTIONED ATTORNEYS

lawyer regulation SANCTIONED ATTORNEYS SANCTIONED ATTORNEYS MARK F. BRINTON Bar No. 007674; File Nos. 02-1473, 03-0042 and 03-0440 dated Feb. 20, 2004, Mark F. Brinton, 1745 S. Alma School Rd., Suite H-102, Mesa, AZ 85210, was suspended for

More information

FACT SHEET Contact: Office of Legislative and Public Affairs (703) 305-0289 Fax: (703) 605-0365 PAO.EOIR@usdoj.gov www.justice.gov/eoir/ Feb.

FACT SHEET Contact: Office of Legislative and Public Affairs (703) 305-0289 Fax: (703) 605-0365 PAO.EOIR@usdoj.gov www.justice.gov/eoir/ Feb. U.S. Department of Justice Executive Office for Immigration Review Office of the Director 5107 Leesburg Pike, Suite 2600 Falls Church, Virginia 22041 FACT SHEET Contact: (703) 305-0289 Fax: (703) 605-0365

More information

Policy and Procedure: Corporate Compliance Topic: False Claims Act and Whistleblower Provisions, Deficit Reduction Act

Policy and Procedure: Corporate Compliance Topic: False Claims Act and Whistleblower Provisions, Deficit Reduction Act Policy and Procedure: Corporate Compliance Topic: False Claims Act and Whistleblower Provisions, Deficit Reduction Act SCOPE OF POLICY This policy applies to all CFS employees, including trainees, volunteers,

More information

False Claims Act Policy 650-117 Effective Date 01/01/2007 Compliance Manual

False Claims Act Policy 650-117 Effective Date 01/01/2007 Compliance Manual False Claims Act Policy 650-117 POLICY Monroe County Healthcare Authority is committed to the highest possible standards of ethical, moral and legal business conduct. Prevention of health care fraud, waste

More information

Sharing Information and Due Process Arizona Problem Solving Courts Conference May 14, 2013

Sharing Information and Due Process Arizona Problem Solving Courts Conference May 14, 2013 Sharing Information and Due Process Arizona Problem Solving Courts Conference May 14, 2013 Introductions Barbara Marshall, Division Chief, Juvenile Crimes Division, Maricopa County Attorney s Office Michelle

More information

Federal False Claims Act (31 USC 3729 through 3733)

Federal False Claims Act (31 USC 3729 through 3733) I. INTRODUCTION The False Claims Act (FCA) is a federal law that was created to discourage and punish profiteers from providing sub-standard supplies to the Union Army during the Civil War. The FCA was

More information

Insurance Adjusters Council Code of Conduct

Insurance Adjusters Council Code of Conduct Insurance Adjusters Council Code of Conduct TABLE OF CONTENTS INTRODUCTION... 1 EXECUTIVE SUMMARY... 2 INTERPRETATION... 4 CODE OF CONDUCT PRINCIPLES... 6 1. INTEGRITY AND TRUSTWORTHINESS... 6 2. GOOD

More information

Ethical Considerations in Dealing with Expert Witnesses. Thomas M. Fitzpatrick tom@tal-fitzlaw.com

Ethical Considerations in Dealing with Expert Witnesses. Thomas M. Fitzpatrick tom@tal-fitzlaw.com Ethical Considerations in Dealing with Expert Witnesses By Thomas M. Fitzpatrick tom@tal-fitzlaw.com Thomas M. Fitzpatrick is a graduate of the University of Montana (1973) and the University of Chicago

More information

HERITAGE FARM POLICY AND PROCEDURES. Policy: False Claims Act and Whistleblower Provisions

HERITAGE FARM POLICY AND PROCEDURES. Policy: False Claims Act and Whistleblower Provisions HERITAGE FARM POLICY AND PROCEDURES Policy: False Claims Act and Whistleblower Provisions Date: October 8, 2013 Rationale: It is Heritage Farm s intent to make sure all claims are submitted in a timely

More information

Life Insurance Council Code of Conduct

Life Insurance Council Code of Conduct Life Insurance Council Code of Conduct TABLE OF CONTENTS EXECUTIVE SUMMARY... 2 INTERPRETATION... 5 DEFINITIONS... 6 CODE OF CONDUCT PRINCIPLES... 7 1. INTEGRITY AND TRUSTWORTHINESS... 7 2. GOOD FAITH...

More information

Coffee Regional Medical Center FALSE CLAIMS EDUCATION

Coffee Regional Medical Center FALSE CLAIMS EDUCATION Policy/Procedure Department Administration Effective 08/15/2008 Scope Organization Cross Reference Review Date 08/14/2008,12/18/2013 Revision History Signatures Date 12/18/2013 Prepared by Lavonda Cravey

More information

Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS]

Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS] Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS] POLICY PURSUANT TO THE FEDERAL DEFICIT REDUCTION ACT OF 2005: Detection and Prevention of Fraud, Waste, and Abuse and

More information

Prevention of Fraud, Waste and Abuse

Prevention of Fraud, Waste and Abuse Procedure 1910 Responsible Office: Yale Medical Group Effective Date: 01/01/2007 Responsible Department: Administration Last Revision Date: 09/20/2013 Prevention of Fraud, Waste and Abuse Policy Statement...

More information

DEALING WITH DIFFICULT ATTORNEYS (Attorney Grievance Committee) 2014 New York State Magistrates Association Conference Syracuse, New York

DEALING WITH DIFFICULT ATTORNEYS (Attorney Grievance Committee) 2014 New York State Magistrates Association Conference Syracuse, New York DEALING WITH DIFFICULT ATTORNEYS (Attorney Grievance Committee) 2014 New York State Magistrates Association Conference Syracuse, New York REGULATION OF LAWYER CONDUCT NEW YORK STATE MAGISTRATES ASSOCIATION

More information

UNITED STATES COMMODITY FUNDS LLC CODE OF BUSINESS CONDUCT AND ETHICS

UNITED STATES COMMODITY FUNDS LLC CODE OF BUSINESS CONDUCT AND ETHICS UNITED STATES COMMODITY FUNDS LLC CODE OF BUSINESS CONDUCT AND ETHICS TABLE OF CONTENTS Page Introduction... 1 Purpose of the Code... 1 Conflicts of Interest... 1 Corporate Opportunities... 2 Public Disclosure...

More information

A summary of administrative remedies found in the Program Fraud Civil Remedies Act

A summary of administrative remedies found in the Program Fraud Civil Remedies Act BLACK HILLS SPECIAL SERVICES COOPERATIVE'S POLICY TO PROVIDE EDUCATION CONCERNING FALSE CLAIMS LIABILITY, ANTI-RETALIATION PROTECTIONS FOR REPORTING WRONGDOING AND DETECTING AND PREVENTING FRAUD, WASTE

More information

Corporate Compliance Policy Concerning the False Claims Acts, Anti- Retaliation Protections, and Detecting and Responding to Fraud

Corporate Compliance Policy Concerning the False Claims Acts, Anti- Retaliation Protections, and Detecting and Responding to Fraud PAGE NUMBER: 1 of 16 ACCOUNTABILITY: President and Chief Executive Officer OBJECTIVES: RELATION TO MISSION: Our Lady of Lourdes Health Care Services, Inc. ( OLLHCS, Inc. ), a Catholic health system and

More information

Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20

Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20 Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20 Read It, Know It, Live It Presented by Mark Gumz with the assistance of Hannah Schieber SCR 20: More than just 40+ pages of fine

More information

Ethical Considerations for the Estate Attorney. Trusts and Estates Practice is Difficult to Categorize

Ethical Considerations for the Estate Attorney. Trusts and Estates Practice is Difficult to Categorize Ethical Considerations for the Estate Attorney Trusts and Estates Practice is Difficult to Categorize Clients are generally older, but many younger people are planning for retirement and family members.

More information

Supreme Court, Appellate Division First Judicial Department 61 Broadway New York, New York 10006 (212) 401-0800 (212) 287-1045 FAX

Supreme Court, Appellate Division First Judicial Department 61 Broadway New York, New York 10006 (212) 401-0800 (212) 287-1045 FAX Departmental Disciplinary Committee Supreme Court, Appellate Division First Judicial Department 61 Broadway (212) 401-0800 (212) 287-1045 FAX HOW TO FILE A COMPLAINT INTRODUCTION When you hire a lawyer

More information

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA (Before a Referee) IN THE SUPREME COURT OF FLORIDA (Before a Referee) THE FLORIDA BAR, Complainant, Supreme Court Case No. SC14-872 TFB File Nos. v. 2014-10,348 (12A) 2014-10,420 (12A) PAUL ANTHONY PYSCZYNSKI, 2014-10,658

More information

COUNTY OF ORANGE. False Claims Act and Whistleblower Provisions Policy and Procedures

COUNTY OF ORANGE. False Claims Act and Whistleblower Provisions Policy and Procedures COUNTY OF ORANGE False Claims Act and Whistleblower Provisions Policy and Procedures COUNTY OF ORANGE FALSE CLAIMS ACT AND WHISTLEBLOWER PROVISIONS POLICY AND PROCEDURES I. Purpose. The County of Orange

More information

HACKENSACK UNIVERSITY MEDICAL CENTER Administrative Policy Manual

HACKENSACK UNIVERSITY MEDICAL CENTER Administrative Policy Manual HACKENSACK UNIVERSITY MEDICAL CENTER Administrative Policy Manual Fraud and Abuse Prevention DRA Compliance Policy #: 1521 Original Issue: December, 2007 Page 1 of 6 Policy It is the policy of Hackensack

More information

APPLICATION FOR ACCREDITATION AS A CLAIMS AGENT OR ATTORNEY

APPLICATION FOR ACCREDITATION AS A CLAIMS AGENT OR ATTORNEY Form Approved, OMB No. 2900-0605 Respondent Burden: 45 minutes APPLICATION FOR ACCREDITATION AS A CLAIMS AGENT OR ATTORNEY INSTRUCTIONS: Please provide the applicable personal and employment data, then

More information

Policies and Procedures: WVUPC Policy Pursuant to the Requirements of the Deficit Reduction Act of 2005

Policies and Procedures: WVUPC Policy Pursuant to the Requirements of the Deficit Reduction Act of 2005 POLICY/PROCEDURE NO.: B-17 Effective date: Jan. 1, 2007 Date(s) of review/revision: Nov. 1, 2015 Policies and Procedures: WVUPC Policy Pursuant to the Requirements of the Deficit Reduction Act of 2005

More information

2014 CLM NORTHERN CALIFORNIA CHAPTER SEPTEMBER 30TH EVENT HANDOUT

2014 CLM NORTHERN CALIFORNIA CHAPTER SEPTEMBER 30TH EVENT HANDOUT 2014 CLM NORTHERN CALIFORNIA CHAPTER SEPTEMBER 30TH EVENT HANDOUT I. INTRODUCTION Ethics matters for too many reasons to comprehensively address in any one paper. There are many sources of ethical obligations.

More information

REPORT, DECISION AND IMPOSITION OF SANCTION

REPORT, DECISION AND IMPOSITION OF SANCTION People v. Albright, No.03PDJ069. 10/29/03. Attorney Regulation. Following a sanctions hearing at which Respondent did not appear, the Hearing Board disbarred Respondent, attorney registration number 14467,

More information

Rule 3.3: Candor Toward the Tribunal

Rule 3.3: Candor Toward the Tribunal American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct Rule 3.3: Candor Toward the Tribunal (a) A lawyer shall not knowingly: (1) make a

More information

Evergreen Solar, Inc. Code of Business Conduct and Ethics

Evergreen Solar, Inc. Code of Business Conduct and Ethics Evergreen Solar, Inc. Code of Business Conduct and Ethics A MESSAGE FROM THE BOARD At Evergreen Solar, Inc. (the Company or Evergreen Solar ), we believe that conducting business ethically is critical

More information

INDIANA PARALEGAL ASSOCIATION CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND RULES FOR ENFORCEMENT

INDIANA PARALEGAL ASSOCIATION CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND RULES FOR ENFORCEMENT INDIANA PARALEGAL ASSOCIATION CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND RULES FOR ENFORCEMENT PREAMBLE The Indiana Paralegal Association ("IPA") is a professional organization comprised of individual

More information

55144-1-5 Page: 1 of 5. Pharmacy Fraud, Waste and Abuse Policy. 1.0 Compliance Assurance. 2.0 Procedure

55144-1-5 Page: 1 of 5. Pharmacy Fraud, Waste and Abuse Policy. 1.0 Compliance Assurance. 2.0 Procedure Pharmacy Fraud, Waste and Abuse Policy 1.0 Compliance Assurance This Fraud Waste and Abuse Policy ( Policy ) reiterates the commitment of this pharmacy to comply with the standards of conduct established

More information

ADMINISTRATIVE POLICY MANUAL

ADMINISTRATIVE POLICY MANUAL SUPERSEDES: New PAGE: 838.00 POLICY: 1. It is the policy of Onondaga County hereinafter referred to as the County, to comply with all applicable federal, state and local laws and regulations, both civil

More information

FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE

FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE FEDERAL CIVIL FALSE CLAIMS ACT The federal civil False Claims Act, 31 U.S.C. 3729, et seq., ( FCA ) was originally enacted in 1863 to combat fraud perpetrated

More information

Compliance with Applicable Federal and State Laws - False Claims Act and Similar Laws

Compliance with Applicable Federal and State Laws - False Claims Act and Similar Laws Laws - False Claims Act and Similar Laws Purpose The purpose of this policy ( Policy ) is to provide information regarding: the federal and state False Claims Acts ( FCA ), related administrative remedies

More information

KIAC IMMIGRATION LEGAL SERVICES

KIAC IMMIGRATION LEGAL SERVICES KIAC IMMIGRATION LEGAL SERVICES CODE OF PROFESSIONAL RESPONSIBILITY FOR ACCREDITED REPRESENTATIVES PREAMBLE An accredited representative is a person who has been accredited by the Board of Immigration

More information

Fraud Prevention and Deterrence

Fraud Prevention and Deterrence Fraud Prevention and Deterrence Fraud Prevention Programs 2016 Association of Certified Fraud Examiners, Inc. Fraud Prevention Policy The best way to sell the establishment of a fraud policy is by stressing

More information

Fraud, Waste and Abuse Prevention and Education Policy

Fraud, Waste and Abuse Prevention and Education Policy Corporate Compliance Fraud, Waste and Abuse Prevention and Education Policy The Compliance Program at the Cortland Regional Medical Center (CRMC) demonstrates our commitment to uphold all federal and state

More information

Office of Lawyers Professional Responsibility

Office of Lawyers Professional Responsibility Office of Lawyers Professional Responsibility Complaints and Investigations Office of Lawyers Professional Responsibility 1500 Landmark Towers 345 St. Peter Street St. Paul, MN 55102-1218 (651) 296-3952

More information

Cardinal McCloskey Services Corporate Compliance False Claims Act and Whistleblower Provisions

Cardinal McCloskey Services Corporate Compliance False Claims Act and Whistleblower Provisions Cardinal McCloskey Services Corporate Compliance False Claims Act and Whistleblower Provisions Purpose: Cardinal McCloskey Services is committed to prompt, complete and accurate billing of all services

More information

ADMINISTRATION POLICY MEMORANDUM

ADMINISTRATION POLICY MEMORANDUM ADMINISTRATION POLICY MEMORANDUM POLICY TITLE: FRAUD AND ABUSE POLICY NUMBER: JCAHO FUNCTION AREA: POLICY APPLICABLE TO: POLICY EFFECTIVE DATE: POLICY REVIEWED: MCH-1083 Leadership All Employees January

More information

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The N.C. State Bar v. Wood NO. COA10-463 (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The North Carolina State Bar Disciplinary Hearing Commission did not err

More information

M INISTRY H EALTH CARE

M INISTRY H EALTH CARE M INISTRY H EALTH CARE CORPORATE POSITION STATEMENT TITLE: FRAUD AND ABUSE LAWS AND PROTECTIONS Origination Date: December, 2006 DRAFT/REV: December 7, 2007 Effective Date: January, 2007 Scope: Ministry

More information

Policies and Procedures SECTION:

Policies and Procedures SECTION: PAGE 1 OF 5 I. PURPOSE The purpose of this Policy is to fulfill the requirements of Section 6032 of the Deficit Reduction Act of 2005 by providing to Creighton University employees and employees of contractors

More information

Ethics Bear Traps for In-House Counsel Michael Aprahamian

Ethics Bear Traps for In-House Counsel Michael Aprahamian Ethics Bear Traps for In-House Counsel Michael Aprahamian Unique Problems Faced by In-House Counsel The general counsel has one foot planted firmly in the shifting, treacherous terrain of the law, and

More information

Who participates in standards work?

Who participates in standards work? Ethics Issues in Standards Work Eric A. Prager Who participates in standards work? Engineers, attorneys Different obligations under ethics rules (cf. antitrust law) 1 Key issues for attorneys Out-of-state

More information

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS I. FEDERAL LAWS False Claims Act (31 USC 3729-3733) The False Claims Act ("FCA") provides, in pertinent part, that: (a) Any person who (1) knowingly

More information

Mistake in Fact, Duress, and Undue Influence. Minors, Intoxicated Persons, and Insane Persons

Mistake in Fact, Duress, and Undue Influence. Minors, Intoxicated Persons, and Insane Persons Topic 7 CONTRACTS Offers and Acceptances Consideration Fraud Mistake in Fact, Duress, and Undue Influence Minors, Intoxicated Persons, and Insane Persons The Statute of Frauds The Parol Evidence Rule Discharge

More information

This policy applies to UNTHSC employees, volunteers, contractors and agents.

This policy applies to UNTHSC employees, volunteers, contractors and agents. Policies of the University of North Texas Health Science Center 3.102 Detecting and Responding to Fraud, Waste and Abuse Chapter 3 Compliance Policy Statement UNTHSC developed and implemented a Compliance

More information

June 2008 Nevada Lawyer - 80th Anniversary Issue

June 2008 Nevada Lawyer - 80th Anniversary Issue June 2008 Nevada Lawyer - 80th Anniversary Issue JUNE 2008-BAR COUNSEL REPORT SUPREME COURT OF NEVADA In re: Kevin J. Mirch Bar No: 923 Docket No: 49212 Filed April 10, 2008 ORDER OF DISBARMENT Disbarment

More information

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS. 1) Federal False Claims Act (31 USC 3729-3733)

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS. 1) Federal False Claims Act (31 USC 3729-3733) FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS I. FEDERAL LAWS 1) Federal False Claims Act (31 USC 3729-3733) II. NEW YORK STATE LAWS A. CIVIL AND ADMINISTRATIVE LAWS 1) New York False Claims

More information

ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS ADMINISTRATIVE CODE

ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS ADMINISTRATIVE CODE ALABAMA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS ADMINISTRATIVE CODE CHAPTER 330-X-14 PROFESSIONAL CONDUCT (CODE OF ETHICS) TABLE OF CONTENTS 330-X-14-.01 Preamble 330-X-14-.02

More information

CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE

CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE The Delaware Paralegal Association advocates that paralegals have an ethical and professional responsibility in the delivery

More information

Standards of. Conduct. Important Phone Number for Reporting Violations

Standards of. Conduct. Important Phone Number for Reporting Violations Standards of Conduct It is the policy of Security Health Plan that all its business be conducted honestly, ethically, and with integrity. Security Health Plan s relationships with members, hospitals, clinics,

More information

North Shore LIJ Health System, Inc.

North Shore LIJ Health System, Inc. North Shore LIJ Health System, Inc. POLICY TITLE: Detecting and Preventing Fraud, Waste, Abuse and Misconduct POLICY #: 800.09 System Approval Date: 6/23/14 Site Implementation Date: Prepared by: Office

More information

[Cite as Cincinnati Bar Assn. v. Nienaber (1997), 80 Ohio St.3d 534.] Attorneys at law Misconduct Indefinite suspension Making affirmative

[Cite as Cincinnati Bar Assn. v. Nienaber (1997), 80 Ohio St.3d 534.] Attorneys at law Misconduct Indefinite suspension Making affirmative CINCINNATI BAR ASSOCIATION v. NIENABER. [Cite as Cincinnati Bar Assn. v. Nienaber (1997), 80 Ohio St.3d 534.] Attorneys at law Misconduct Indefinite suspension Making affirmative representations to courts

More information

The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014

The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 Role of Juvenile Defense Counsel: Forensic Exercise: Question

More information

POLICY ON THE FALSE CLAIMS ACTS

POLICY ON THE FALSE CLAIMS ACTS EAST ORANGE GENERAL HOSPITAL COMPLIANCE POLICY Title: Policy on The False Claims Acts Code No.: Section: Corporate Compliance Effective Date: March 1, 2015 Approved by: Compliance Officer Publication Status:

More information

ED McKENNA FOR JUDGE COMMITTEE 10115 Greenwood Ave N, #253 Seattle Washington 98133 edmckennaforjudge@comcast.net

ED McKENNA FOR JUDGE COMMITTEE 10115 Greenwood Ave N, #253 Seattle Washington 98133 edmckennaforjudge@comcast.net ED McKENNA FOR JUDGE COMMITTEE 10115 Greenwood Ave N, #253 Seattle Washington 98133 edmckennaforjudge@comcast.net October 12, 2010 Fair Campaign Practices Committee King County Bar Association 1200 Fifth

More information

Behavioral Healthcare, Inc. 155 Inverness Drive West Suite 201 Englewood, CO 80112

Behavioral Healthcare, Inc. 155 Inverness Drive West Suite 201 Englewood, CO 80112 1 of 6 I. Policy: It is the policy of Behavioral Healthcare, Inc. (BHI) that all employees (including management, consultants, contractors, and other agents) shall comply with all applicable Federal and

More information

fraud, waste, abuse, compliance, integrity, Integrity Help Line

fraud, waste, abuse, compliance, integrity, Integrity Help Line Policy / Procedure: KEY TERMS: fraud, waste, abuse, compliance, integrity, Integrity Help Line I. PURPOSE: To help our employees, agents and contractors understand the methods to prevent and detect fraud,

More information

SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572

SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572 SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572 POLICY TITLE: Compliance with Applicable Federal and State False Claims Acts POLICY NUMBER: OF-ADM-232 DEPARTMENT: Hospital-wide CROSS-REFERENCE:

More information

Compliance with False Claims Act

Compliance with False Claims Act MH Policy and Procedure Document Number: MH-COMPLY-001 Document Owner: Corporate Compliance Officer Date Last Author: Corporate Compliance Officer General Description Purpose: To establish written guidelines

More information

Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs. Area Manual: Corporate Compliance Page: Page 1 of 10

Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs. Area Manual: Corporate Compliance Page: Page 1 of 10 Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs Area Manual: Corporate Compliance Page: Page 1 of 10 Reference Number: I-70 Effective Date: 10/02 Contact Person:

More information

CHAPTER 20. FLORIDA REGISTERED PARALEGAL PROGRAM 20-1. PREAMBLE. The purpose of this chapter is to set forth a definition that must be met in order to

CHAPTER 20. FLORIDA REGISTERED PARALEGAL PROGRAM 20-1. PREAMBLE. The purpose of this chapter is to set forth a definition that must be met in order to 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 CHAPTER 20. FLORIDA REGISTERED PARALEGAL PROGRAM 20-1. PREAMBLE Rule 20-1.1.

More information

VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL ORIGINAL EFFECTIVE DATE: JANUARY 1, 2007

VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL ORIGINAL EFFECTIVE DATE: JANUARY 1, 2007 VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL SUBJECT: COMPLIANCE WITH FEDERAL AND STATE FALSE CLAIMS LAWS AND DETECTION AND PREVENTION OF FRAUD, WASTE AND ABUSE LAST POLICY REVISION EFFECTIVE

More information

Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery

Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery DMH S&P No. 1 Revision No. N/A Effective Date: 01/01/07 COMPLIANCE STANDARD: Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery BACKGROUND AND PURPOSE As stated in its Directive

More information

NASSAU COUNTY INDUSTRIAL DEVELOPMENT AGENCY WHISTLEBLOWER POLICY

NASSAU COUNTY INDUSTRIAL DEVELOPMENT AGENCY WHISTLEBLOWER POLICY NASSAU COUNTY INDUSTRIAL DEVELOPMENT AGENCY WHISTLEBLOWER POLICY This Policy is adopted pursuant to the provisions of the Public Authorities Accountability Act of 2005 and the Public Authorities Reform

More information

CHAPTER 20. FLORIDA REGISTERED PARALEGAL PROGRAM 20-1. PREAMBLE RULE 20-1.1 PURPOSE

CHAPTER 20. FLORIDA REGISTERED PARALEGAL PROGRAM 20-1. PREAMBLE RULE 20-1.1 PURPOSE CHAPTER 20. FLORIDA REGISTERED PARALEGAL PROGRAM 20-1. PREAMBLE RULE 20-1.1 PURPOSE The purpose of this chapter is to set forth a definition that must be met in order to use the title paralegal, to establish

More information

DALLAS BAR ASSOCIATION TRIAL SKILLS SECTION NOVEMBER 17, 2015. By: Robert L. Tobey Johnston Tobey Baruch, P.C. www.johnstontobey.

DALLAS BAR ASSOCIATION TRIAL SKILLS SECTION NOVEMBER 17, 2015. By: Robert L. Tobey Johnston Tobey Baruch, P.C. www.johnstontobey. DALLAS BAR ASSOCIATION TRIAL SKILLS SECTION NOVEMBER 17, 2015 By: Robert L. Tobey Johnston Tobey Baruch, P.C. www.johnstontobey.com A. Lawyers owe their clients a fiduciary duty. Breach of fiduciary duty

More information

Top 10 Ways to Become a Statistic on a Bar Ethics Website

Top 10 Ways to Become a Statistic on a Bar Ethics Website Top 10 Ways to Become a Statistic on a Bar Ethics Website Steve Gracey TriHealth 619 Oak Street, Suite 601 Cincinnati, OH 45020 (513) 569-4051 Steve_Gracey@trihealth.com John S. Leinicke Wicker, Smith,

More information

A Message to Employees

A Message to Employees A Message to Employees Financial integrity is key to the Company s reputation among our investors, customers, business partners, suppliers, regulators, government entities, employees and professional advisors.

More information

NOYES HEALTH ADMINISTRATION POLICY/PROCEDURE

NOYES HEALTH ADMINISTRATION POLICY/PROCEDURE NOYES HEALTH ADMINISTRATION POLICY/PROCEDURE SUBJECT: DETECTION AND PREVENTION OF POLICY: 200.161 FRAUD, WASTE, AND ABUSE EFFECTIVE DATE: June, 2012 ISSUED BY: Administration TJC REF: None PAGE: 1 OF 5

More information

MERCER COUNTY BAR ASSOCIATION XTREME CLE. 2.0 NJ CLE Credits. Charles Centinaro, Esq., Director of Attorney Ethics

MERCER COUNTY BAR ASSOCIATION XTREME CLE. 2.0 NJ CLE Credits. Charles Centinaro, Esq., Director of Attorney Ethics MERCER COUNTY BAR ASSOCIATION XTREME CLE COURSE TITLE: LOCATION: Ethics with Charles Centinaro 2.0 NJ CLE Credits The Conference Center at MCCC DATE: Wednesday, October 29, 2014 TIME: SPEAKERS: 8:00 am

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN STANDARDS FOR CIVILITY IN PROFESSIONAL CONDUCT PREAMBLE

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN STANDARDS FOR CIVILITY IN PROFESSIONAL CONDUCT PREAMBLE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN STANDARDS FOR CIVILITY IN PROFESSIONAL CONDUCT PREAMBLE An attorney s conduct should be characterized at all times by personal courtesy and professional

More information

Committee on Judicial Ethics Teleconference Thursday, January 15, 2015

Committee on Judicial Ethics Teleconference Thursday, January 15, 2015 Committee on Judicial Ethics Teleconference Thursday, January 15, 2015 Members present via teleconference: Judge Christine E. Keller, Chair, Judge Barbara M. Quinn, Professor Sarah F. Russell, Judge Angela

More information